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Arrest for Minor Traffic Offenses

NCJ Number
92483
Journal
Criminal Law Bulletin Volume: 19 Issue: 6 Dated: (November/December 1983) Pages: 501-512
Author(s)
A Mendelson
Date Published
1983
Length
12 pages
Annotation
Contemplate the following scenario: You are driving home after a long and tiring day in court. Flashing red lights appear in the rearview mirror. Yes, it is a patrol car and the officer signals you to the curb.
Abstract
Yes, you are driving with a defective taillight. The officer orders you out of your car. (You are now a direct threat to his personal security). You are ordered to 'spread' against the car. You are searched. For reasons known only to him, and over your forceful but polite protest, you are placed under arrest. You are driven to the station house and are strip-searched prior to being placed in a holding cell since a magistrate is not immediately available to set bail. Improbable? Probably. Impossible? Hardly. Legal? Authur Mendelson takes you through the legal and policy implications of just such an event as described above. (Publisher abstract)

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